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GARY HOGAN

​​​Gary is the Senior Director of Hogans Solicitors.

Gary qualified as a solicitor in 1982 and founded Hogans in 1986. From a standing start workforce of two in 1986 Hogans has developed into a practice exclusively specialising in the protection of vulnerable adults and children and has expanded to over thirty dedicated personnel. ​

​Gary was a Law Society Mental Health Review Tribunal Panel Member from 1987 to 2004. As well as representing patients at Tribunals Gary was commissioned by Hallam University as a visiting lecturer to provide legal training for the use of Control and Restraint techniques at Special Hospitals.

Gary has been a Law Society Children Panel Member since 1989. In 1995 Gary was awarded a Diploma in Forensic Behavioural Science from Liverpool University and has been a Member of the Court of Protection Panel of Deputies.

Gary has been involved in many significant and reported cases most notably:-

R -v- Manchester City Council, ex parte Stennett and two other actions, House of Lords, 25th July 2002.Section 117 Aftercare Provision includes Local Authority financing residential unit.

O and N [2003] 1 FLR 1169, House of LordsUncertain perpetrator following physical harm. Correct approach when not clear which parent caused harm or whether both caused harm was that neither parent could be exculpated.

O and N (Care : Preliminary Hearing) [2002] EWCA Civ 1271 [2002] 2 FLR 1167, Court of AppealFinding of Fact / preliminary hearing unnecessary in a straightforward case. Responsibility of solicitors and counsel for all parties to agree on the questions to be resolved by way of formulated issues.

D, L and LA (Care : Change of Forename) [2003] 1 FLR 339, The President of the Family DivisionChange of forenames by foster carers. Appropriate procedure for change of forename. Carers without parental responsibility had no power to change name.

S -V- Knowsley Borough Council [2004] 2 FLR 716, Charles JSecure Accommodation Orders - construction of Section 25 of the Children Act determining whether placement was unlawful and construction of the word "likely" meaning "a real possibility". Judicial Review was an appropriate course of action / remedy as it could be combined with points made under the Human Rights Act 1988.

Gary has been involved with a number of high profile cases relating to the issue of mental capacity both before and after the implementation of the Mental Capacity Act 2005.

Re W (Care Proceedings) [2008] EWHC 1188(Fam)[2010] 1 FLR 1176, McFarlane JCare proceedings litigation capacity whether litigant would have capacity throughout the fact finding process. The issue was whether or not the father had litigation capacity at the time of his guilty plea in criminal proceedings and whether the Court was entitled to look behind this / make further findings as to his litigation capacity.

CJ v Flintshire Borough Council [2010] EWCA Civ 393 [2010] 2 FLR 1224, Court of AppealThis was a case where Gary represented a father who was sentenced for contempt of Court by breaching injunctions to approach his children. Efforts were made to purge the father's contempt which was refused by the Court. The Court of Appeal gave very helpful guidance as to the process involved and the relevant issues when considering an early discharge and purging contempt.

Gary now concentrates his specialism on Childcare Public Law with particular emphasis on adults with mental health difficulties and works almost exclusively for Children's Guardians representing the child / children concerned or for parents with mental health difficulties through the Official Solicitor.

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Hogans Solicitors is a trading name of Hogans Solicitors Limited, registered in England and Wales under registration number 8068494 and whose registered office is at 10 Station Street, Rainhill, Merseyside, L35 0LP

Authorised and Regulated by the Solicitors Regulation Authority (No. 570460)